Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf is a New York Plaintiff's personal injury law firm specializing in automobile accidents, construction accidents, medical malpractice, products liability, police misconduct and all types of New York personal injury litigation.
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construction workers moving equipment are at risk of struck by accidentsStruck by injuries are the most common non-fatal injuries sustained by construction workers.

Among the 79.7 k construction workers who were injured in 2019, 16.6K suffered struck by injuries and 4 K suffered struck against injuries. Struck by accidents are also among the top causes of construction workers fatalities. In 2019, out of a total of 1,102 workers fatalities, 80 construction workers died after being struck by a vehicle and 70 of them died after being struck by an object or equipment.

The Center for Construction Research and Training (CPWR) recently analyzed data related to these types of injuries and published the result of the study in a recent data-bulletin. Researchers at CPWR found that there was a big difference on how fatal and non-fatal struck by injuries occur. Fatal struck by injuries mostly occur when a construction worker is struck by a vehicle while non fatal struck by injuries are mostly caused by handheld objects or equipment.

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accident sceneTwo teenagers recently died in two separate DWI car crashes in Rockland County NY (see previous blog). In an effort to prevent more drunk driving accidents among students, officials organized a simulation of what a deadly DWI or DUI car crash looks like in reality.

Community emotionally hurt by two previous teen drunk driving deaths

The demonstration took place in the town of Clarkson where 16 year old Vlad Mosyuk died at the beginning of the month after getting in a car with his friend, 18 year old Alan Mendoza and another 17 year old girl. Alan was drunk behind the wheel and got involved in a three-car crash. Vlad died, the girl was seriously injured and the young drunk driver was charged with vehicular homicide, reckless driving and driving while intoxicated. The accident took place less than two weeks after another teen, Jacqueline Zangrilli died in a similar DWI accident in the nearby town of Montebello.

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Professor Daniel PollackFrom sexual abuse to physical or emotional abuse as well as maltreatment and neglect, child abuse can have various forms. It occurs when a parent or a caregiver causes injury or death to a child because of his or her action or failing to act.

Very often child abuse is discovered and reported by people surrounding the child. Each State has laws requiring “Mandated Reporters” to report concerns of child abuse. In New York, some professionals such as doctors, nurses, social workers, emergency healthcare workers, dentists, medical examiners coroners and other medical professionals are mandated to report any suspicion of child abuse.  Therapists and mental health counselors  as well as anyone working in the education system as well as police officers and district attorneys and some people working with them such as investigators are mandated to report any suspicion of child abuse.

Sometimes however, mandated reporters hesitate to report suspicion of child abuse. In a recent article, Dr. Michaela A. Medved, MA, TSSLD, CCC-SLP, ClinScD, a Clinical Assistant Professor at Yeshiva University’s Katz School of Science and Health in New York City and Daniel Pollack, MSW, Esq., a professor at Yeshiva University’s School of Social Work in New York City  explains why some mandated reporters hesitate in reporting their suspicions. They found in a previous study that reporters are more reluctant to report their concerns when the abuse is mild or less apparent or experienced by children with disabilities.

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For more than 100 years, we at Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf have worked to prevent injustice. The Constitution makes it clear that all men are created equal. To update that statement — we truly believe that ALL PEOPLE are created equal, regardless of gender, race, religion, creed or sexual orientation.

On this, the one-year anniversary of the death of George Floyd, we want to take a moment to reflect on this horrific day in the history of America. A knee on the neck is, at best, completely unacceptable, and at worst, murder. Tellingly, even fellow police officers and police experts were offended by the cruelty inflicted by Minneapolis Police Officer Derek Chauvin on another human being. But the fundamental wrongs committed that day went beyond Chauvin’s conduct. Truly disheartening were the images of other police officers watching the events unfold and doing nothing to intervene. Perhaps now, good officers who observe the clear abuse of constitutional civil rights will take action — and will intercede to ensure these incidents be stopped in their tracks.

The bottom line is this:  we have the right to expect better. We have the right to expect better from police officers when it comes to police brutality and the use of excessive force.  This is by no means an indictment of the entire police department. There are many good police officers. But it is an indictment of those who participate in civil rights violations. And it is an indictment of those who turn a blind eye and fail to act when wrongs are perpetrated before their very eyes.

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accident sceneIn less than 8 hours, 2 people were injured and 2 people died in car crashes in New York City.

A pedestrian was killed and another one was seriously injured in a car accident early Monday morning

The two men in their 40ies were crossing the street mid-block near Rockaway Boulevard and Woodhaven Boulevard  in Ozone Park, Queens, around 12:30 am on Monday when they got struck by a car. They were both transported to the hospital. One of them died and the other one is clinging to life. The victim who passed away was identified as Marcelo Pelaez. The 30 year old driver of the car and his pregnant wife who was sitting in the passenger seat were not injured. They stayed at the scene of the accident. The driver was not charged. (Read more in the NY Daily News)

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New York Personal Injury Lawyer Rich SteigmanOur partner Richard M. Steigman and Hon. John R. Higgitt, Justice of the Supreme Court, Associate Justice, Appellate Term, First Department will chair the NYSTLA CPLR Update Seminar on June 8 and 9 2021 from 5:00 pm to 6:30 pm. During this seminar,  participants will be provided with an in-depth review of the new developments related to legislation changes and court decisions in the field of New York Civil Practice. They will also learn about practice tips and pitfall warnings that are invaluable for the civil litigator.

For more info or to register, click here

 

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New York Personal Injury Attorneys Rubinowitz and TorganThe trust and reliance that we place in those who make crucial decisions about our health and safety often goes unchallenged until something goes wrong. But when something bad does happen, the concepts of trust and reliance can form the basis for the successful prosecution or defense of a claim.

In their recent  Trial Advocacy column in the New York Law Journal, NYC Personal Injury Attorneys Ben Rubinowitz of Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf, and Evan Torgan of Torgan & Cooper explore proper trial techniques that can be used to develop and explore the adequacy or inadequacy of those major decisions.

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Two houses caught on fire and 3 people were injured after a propane tank exploded in East Meadow, Long Island, NY.  A fire started in a house located on 7th Street. The flames reached two propane tanks that were located on the side of the house and caused a massive explosion. The fire was so intense that the house next door caught on fire as well. One person had to be hospitalized and two others were treated at the scene. It took 3 hours for the firefighters to extinguish the fire.

In the US it is estimated that there are approximatively 60 million propane-fueled devices.  While the usage of propane tanks is restricted in New York City, their usage is common in the rest of New York State for heating water, heating houses and grilling.  Propane explosions and propane deaths are not that common. Explosions are rare but when they occur they are extremely destructive. Injuries resulting from propane tank explosions are often severe burns.

Gas leak or BLEVE?

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The road where the deadly NY crash occurred3 High School Students were injured and one died in a car accident in Rockland County, NY. All teenagers were students from Clarkstown North High School. 18 year old Allan Mendoza was driving a Mitsubishi Lancer with 3 other students from his high school on board last Thursday night around 11:00 pm when they got involved in a 3 vehicle crashes.

The accident occurred near 256 Congers Road in New City.  Among those who suffered the most serious injuries were a 16 year old boy and a 17 year old girl. The 16 year old boy died from his injuries on Friday. He was identified as Vladzslav Hvalyk.

The 18 year old driver was drunk behind the wheel and was charged with reckless driving, driving while intoxicated, second-degree vehicular manslaughter, second degree manslaughter aggravated vehicular homicide and aggravated vehicular assault. He was arraigned and sent to Rockland County Jail pending a future Court date.

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A school bus caught on fire after a violent collision with a car in Airmont, Rockland county. No information was released in regards to potential injuries and if the bus was carrying children or not at the time of the accident. The crash occurred last Thursday on Saddle River Road around 3:30 pm.

How safe are my children in a school bus?

A school bus accident is the worry of every parent. How safe is it for children to be transported by bus everyday from their house to their school? Would it be safer for parents to drive them to school?  According to statistics by the National Highway Traffic Safety Administration (NHTSA), transporting children in school buses is 70 times safer than transporting them by cars.  In New York State, 2 million students ride 18,000 school buses every school day. New York is indeed the State that has the biggest school bus fleet among all States in the US.

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